Daily Yellowstone journal., 1887-05-01
District Court.
Continued from arst page.)

Is his duty 70 say so by his verdict,
and thereby prevent a conviction OF
the accused. who Is as much entitled
TO the benefit Of that doubt, az he
would be II every one Of the jury en-.
tertained IL. IL any oI,e member OF
the Jury has u reasonable doubt of the
defendants guilt Of the crime charged
against him, the law in It's tender re-
gard for the life AMI liberty Of the citi-
zens, has said that doubt belongs TO
the accused, and to deprive him Of it,
benefits would be to convict him OF
crime without lawful authority and
condemn him 70 punishment for an
Offense OF which he has not been le-
gally convicted. The law in its
majesty has written this fundamental
principle IN every criminal statute IN
the land. IL Is engraved upon the
bench, the jury box and the bar alike,
and there II stands in letters OF shining
light, to be seen and comprehended
by all-in colors that will not fade-in
characters that cannot die. DR.. Whar-
ton In his work on criminal evidence,
In speaking Of the presumption of in
nocence which belongs TO the accused,
says that In acriminal prosecution the
state II arrayed against the subject; II
enters he contest with a prior inculpa-
tory finding OF the grand jury In Its
hands; with unlimited means; with
counsel usually OF authority n capa-
city, who are regarded as public off,
GERS, and therefore, as speaking semi
j~udicially, and with an attitude OF
tranquil majesty, often In striking
contrast t. that OF the defendant EN-
gagged IN u purturbed u distracting
struggle for liberty II not for life."
These inequalities OF position the Law
strives 10 meet by the rule That there
Ia to be no convi 'tion when there Is a
reasonable doubt OF the DEFENDANTS
guilt. And this Il the law OF Mon
tans: Sec. 3O7. y. 329 81 our criminal
practice act says: when there ~ rea-
sonable doubt whether his defend
ants guilt II show he must be ac-
quilted" This Is the law which gov
ems this 5 Plant yourselves
hrmly upon u, adhere to ~ with that
tenacity with which the Ivy adheres
to the storm riven OAK, or the ship-
wrecked sailor holds 10 the last plank
Of his shattered bark. when the night
and the tempest gathers around him.
Gould ! for n moment believe, which
that Uf mot guilty." could - rendered
in this ease. upon the evidence before
you, | would ask yoG gentleman, on
retiring from the jury box TO go To
some sequesiered spot, some dark in.
ho-pituble corner, where the sunlight
OF heaven never shines, where the voice
of justice is never heard, but where
moral, intellectual and physical dark.
ness reigus supreme, with no sound 10
ofeak lne soiituue' save me s''nrn
81 49, sns,n "ns ,ba.aaa
accountability OF the act resting on
your consciences, record the unholy de-
cree and sacrifice the victim. But,
e,n''eu app'enu Nv ,lie
know Won 10 be reasonable. int.lIi.
gent. conscientious men. and / shall
look to you Tor n reasonable, Intelligent
- ~ H.,
discharge nv dufy faithfully and hon
estly. though perhaps feebly to the de.
PENDANT, the court and TO society: Go
sou ~ Wv aniha NY .ne
The responsibility il now with you
and you must meet II for yourselves.
4" your Keeping, to your consclences.
wan ,n ri. fyiiown nnJe, ,ha
Instructions of the court and the solpm-
nifty Of the oath which you have taken
! now conhde The liberty OF the deien-
THE vp,n,cr
Evidsroe ali ham, IN Tho ,,.. for
nrosaor,,o, ,as haur, hr os.,.,-
an. County At,ornev Arthur n o,Cop.
nor ba ha,,a s,llow.J hy NJ ~
u ,raioh for tho defence The .rgu.
ms,, q, tho Doc,or v,s m.,,ar,iscs